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It seems awfully long to draft a dissent on cert denial. I understand Mark's expertise in this field, but we're about to enter month 4 of relists. Maybe they're granting but Sotomayor, Kagan, and Brown-Jackson are writing a dissent on cert grant?Maybe I'm being too optimistic, but it would make more sense to rule per curiam on Snope and then GVR OST in light of Snope.However, I am willing to bet they are splitting the baby on the Snope per curiam, to get Brown-Jackson, Sotomayor, Kagan, and (probably) Roberts to sign off on it.
It seems awfully long to draft a dissent on cert denial. I understand Mark's expertise in this field, but we're about to enter month 4 of relists. Maybe they're granting but Sotomayor, Kagan, and Brown-Jackson are writing a dissent on cert grant?
Maybe I'm being too optimistic, but it would make more sense to rule per curiam on Snope and then GVR OST in light of Snope.
However, I am willing to bet they are splitting the baby on the Snope per curiam, to get Brown-Jackson, Sotomayor, Kagan, and (probably) Roberts to sign off on it.